§ 31-25-402 — Legislative declaration - powers

(1) The general assembly finds
and declares that, in certain areas in municipalities and particularly in retail
shopping areas thereof, there is need to separate pedestrian travel from vehicular
travel and that such separation is necessary to protect the public safety or
otherwise to serve the public interest and convenience. The general assembly
further finds and declares that such objective can be accomplished, in part, by the
establishment of pedestrian malls.

(2) The powers granted in this subsection (2) shall be exercised by the
governing body in accordance with the terms of this part 4 and in the same manner
as is otherwise provided by law. The governing body of a municipality has the
power:

(a) To establish pedestrian malls;

(b) To prohibit, in whole or in part, vehicular traffic on a pedestrian mall,
which power shall be in addition to and not by way of a limitation upon the power
granted or held by governing bodies under other laws, and this paragraph (b) is not
intended to limit powers already held by governing bodies to deal with their public
rights-of-way;

(c) To acquire, by gift, purchase, eminent domain, or otherwise, all types of
interest in real property and rights-of-way, together with improvements, which will
become part of a pedestrian mall or which will otherwise be used by the
municipality as part of or for purposes connected with a pedestrian mall, and such
land, real property, or rights-of-way may be improved in the same manner as
municipal streets may be improved under paragraph (e) of this subsection (2); to
retain title to the pedestrian mall or to convey, lease, or transfer the pedestrian
mall, in whole or in part, on such terms as it deems advisable, to an improvement
district or other body or agency; and to deal with it generally in any manner which it
deems appropriate so long as it is used for public purposes and in the public
interest;

(d) To construct or ensure the construction of, through an improvement
district or other appropriate body or agency, on municipal streets which have been
or will be established as a pedestrian mall or on all types of interest in real property
and rights-of-way described under paragraph (c) of this subsection (2),
improvements of any kind or nature necessary or convenient to the operation of
such municipal streets or interests in real property and rights-of-way as a
pedestrian mall;

(e) To make such improvements as are authorized under paragraph (d) of this
subsection (2) on municipal streets adjacent to or near the pedestrian mall and
other improvements as are necessary or convenient to the operation of the mall;

(f) To pay, from general funds of the municipality, from proceeds of general
obligation bonds, from other moneys available to the municipality, from the
proceeds of assessments levied on lands benefited by the establishment of a
pedestrian mall, from funds raised through bonds issued thereagainst, or from any
other source whatsoever, the damages, if any, allowed or awarded to any property
owner by reason of the establishment of a pedestrian mall and to make adequate
provisions to secure the payment of said moneys as provided in section 31-25-406;

(g) To pay, from general funds of the municipality, from proceeds of general
obligation bonds, from other moneys available to the municipality, from the
proceeds of assessments levied on property benefited by any such improvements,
from funds raised through bonds issued payable from such assessments, or from
any other source whatsoever, the whole or any portion of the cost of such
improvements;

(h) To levy assessments against properties benefited by the proposed
pedestrian mall in an amount no greater than the total damages or compensation
paid to landowners or to assess such damages as part of the total cost of the
improvements made in the mall area, so long as the amount assessed does not
exceed the special benefits conferred;

(i) To issue special assessment bonds in anticipation of the collection of
special assessments payable in installments or to be levied at annual intervals over
a designated term and to additionally secure the payment of such bonds by or from
a source otherwise provided by law;

(j) To do any and all other acts or things necessary or convenient for the
accomplishment of the purposes of this part 4.

(3) The acquisitions and improvements authorized in paragraphs (c) and (e) of
subsection (2) of this section shall be deemed improvements as such term or a
related term is used in this part 4. The governing body shall also have the power to
transfer, lease, and convey, on such terms as it deems advisable, all such
improvements and interests in real property.

(4) This part 4 and all of its provisions shall be liberally construed to the end
that its purposes may be effectuated. Any proceeding taken pursuant to this part 4
shall not be invalid for failure to comply with the provisions of this part 4 if the acts
done and proceedings taken are in substantial compliance with the terms and
provisions set forth in this part 4.

Legislative History

Source: L. 75: Entire title R&RE, p. 1181, � 1, effective July 1.